Tier 1 depdent visa Refusal

[spzenthil]

Hi,

I have applied for Tier 1 dependent visa for my wife and got refused based on insuffificent funds as per section 319(c) of HC 395 appendix E.
I have showed enough funds maintained across two bank accounts(savings account & current account). On any day the sum of the funds maintained across both these accounts is more than the funds required for maintenance.

But the officer has taken the lowest balance on my current account (date 1 - they didn't consider the savings account for the same date), lowest balance on my savings account (date 2 - they didn't consider the balance on my current account). subtracted these two values and determined that I dont have enough funds.

Can you please let me know it is okay to show the balance of funds maintained across two accounts. Can I appeal myself with the detailed explanation that the funds are maintained over two different accounts will I get the Entry clearance.

Appericate any inputs on this. Thanks in advance.

-Senthil

[spzenthil]

Hi,

I spoke to VFS guys and understood the following,

I just need to submit the appeal document filed and no need to submit any additional evidence, but in my case it is funds maintenance which I can show only by submitting my bank statements.

Now the question I have is
1. Can I submit the same statement and explain the funds are spread across two accounts or provide a new statement of today's date in which case I have the funds already maintained in the single account, so I avoid the confusion of it spread across two different bank accounts.

Experts need your opinion on this, please help.

-Senthil

[UKorUS]

I submitted both current and savings account statements during appeal for Tier 1 Dependent refusal. Each of the statements individually had more than the requirement. It worked.

[spzenthil]

Thanks for the information. Just one question "did you submit fresh statements during appeal or resubmitted the statements submitted during initial application?"

In my case it is because of bad trigger from my HSBC savings account, I had my funds maintained in my savings account itself but my current account was falling short on funds and went over draft once which they have charged a fee and I accepted it. Also the customer service guy advised there is an option of automatic transfer of funds from savings to current when it falls below a particular amount. In my case I registerd for this trigger if it falls below 100 GBP to transfer 100 GBP from my savings to current account.

What happened was it has transferred all of my savings into current account on one particular day and it led to my savings account zero balance but all my funds are in current account. Except this particular day my funds have been maintained on savings account itself. I submitted both the statements to overcome this situation. If i go with the appeal giving all the explanations with the old statement itself will it help me overtuning the refusal by EC?

Appreciate your inputs and pointers.

-Senthil

[spzenthil]

Hi Experts,

I have gone through the forum most of the topic related to application refusal due to funds maintenance but couldn't find answer to my questions.

Does the maintenance of funds for 90 days can be shown across two different accounts? i.e funds on any day will be calculated as the sum of funds on both the accounts on that particular day. is it correct? Can you please clarify?

Thanks,
-Senthil

[T1_Mainframe]

Yes, you can use multiple accounts.

However, I would have sticked to single account to avoid any calculation.

[chosenaik]

Stick to 1 account, it is better as less chances of confusion. Simpler option, with no chance of confusion, is getting a letter instead of bank statements.

[aliq09]

Hi,

I have applied for Tier 1 dependent visa for my wife and got refused based on insuffificent funds as per section 319(c) of HC 395 appendix E.
I have showed enough funds maintained across two bank accounts(savings account & current account). On any day the sum of the funds maintained across both these accounts is more than the funds required for maintenance.

But the officer has taken the lowest balance on my current account (date 1 - they didn't consider the savings account for the same date), lowest balance on my savings account (date 2 - they didn't consider the balance on my current account). subtracted these two values and determined that I dont have enough funds.

Can you please let me know it is okay to show the balance of funds maintained across two accounts. Can I appeal myself with the detailed explanation that the funds are maintained over two different accounts will I get the Entry clearance.

Appericate any inputs on this. Thanks in advance.

-Senthil

Hi ,

2 Accounts always create confusion and keeping in view the time case worker has for your application , some time , it makes some mistake. So if you have submitted 2 accounts and within the period you have SUM balance above the required limit , than you are in green zone and apply for review .

Good luck!

[spzenthil]

Hi,

Thanks all for your inputs. I have spoken to HSBC yesterday and requested a letter as well from them mentioning that I have enough funds maintained in my account. Planning to appeal with the explanation and the letter from HSBC.

Waiting for the letter from HSBC to send the appeal. Anything else I can add to make my appeal case stronger?

Thanks,
-Senthil

[spzenthil]

Hi Experts,

I am filling up the appeal form and have few questions regarding the same.

1. What would be the type of decision? setttlement/non-settlement/family visit.
(the visa was rejected on the grounds of insufficient funds)

2. What would be the best method of hearing or quick way of hearing?
oral/papers? If I tick as oral will they first check paper documents first and if it is valid they will issue visa then itself or regardless of that it will be decided only during oral hearing?

3. is the refusal a points based system (PBS) decision? yes/no.
(the visa is tier 1 dependent visa so which one is the right choice?)

4. Name of decision making post?
(is the decision making officer name or his post "Entry clearance officer")?

5. There is an option to not sending your decision?
(I couldn't make out what is the relevance of this? Even if I dont send the decision notice they can easily refer it themselves? is there anything advantage/disadvantage in sending/not sending the decision notice?)

Section 6: sponsor details:
From the guidance notes it is somebody who is available in UK. Does naming a sponsor in UK means I get to know the decisions faster? Can I leave both representative & sponsor coloumn un filed? Does it make any bearing on my appeal?

To sent the appeal back to visa office, can I use any courier service? or blue dart or anything specific?

Appreciate any inputs on these queries and would help me filing the application.

Thanks,
-Senthil

[ram80]

1. What would be the type of decision? setttlement/non-settlement/family visit.


It is a non-settlement visa I think.

2. What would be the best method of hearing or quick way of hearing?

Oral would be faster but with paper, you will have printed proof of what they say.

3. is the refusal a points based system (PBS) decision? yes/no.

I think it is a PBS decision

4. Name of decision making post?

The post is the Entry Clearance officer in XYZ location (mention the location where the decision was made).

5. There is an option to not sending your decision?

Not sure of this

Section 6: sponsor details:

If you are applying for ur wife, I guess you are the sponsor.

[spzenthil]

thanks for the inputs. I am waiting for the letter from HSBC stating I have the funds available in my account. Once I receive it I am plannnig to send the appeal.

Will keep posted.

Thanks,
-Senthil

[ibs_1221]

Dear All

I have applied for Tier 1 dependent visa in India ( VSF Hyd) for my wife and my Kid and got refused based on insuffificent funds as per section 319(c) of HC 395 appendix E. Saying if the sponsor staying less than 12 months The Sponsor must maintain £2800.(Where as i have showed £ 800 )

I am staying in Uk more than 6 months so i have maintained total funds £ 4400.



£1600 ( my wife) + £1600 ( my kid) + 800 ( my self) = £ 4000

i have showed total funds(£4400) by Refering the PBS (Dependent) document -> Page no: 10 -> point 42.

http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf


Page no: 10 -> point 42.


i have gone thought the immegration rules below link but could not say about the Sponsor funds clearly ? Please advice.

http://www.ukba.homeoffice.gov.uk/polic ... appendixe/


Please suggest me shall i go for appeal? need your help urgently waiting for your answer.

Appreciate any inputs on this. Thanks in advance.

Note: the same day me & my friend applied for dependent Visa with same funds even my friends depenent visa also rejected but this time not same reason ( not satisfied with marriage ccertificate and no marriage snaps included )

so my advice to all who ever going to apply for Tier 1 depdent visa be carefull

[geriatrix]

Appeal, as the refusal is unlawful and a result of an error by caseworker / ECO.

[ibs_1221]

Appeal.

Hi sushdmehta.

Thanks for the replay.

This means that the sponsor need not to required to maintain £2800 ( as i came to uk on 21st Aug 2010 / applied for dependent visa on Feb 25th 2011 so complited 6 months) i can maintain only £ 800. Right?

i am still confused Why in my case they are expecting £2800.

do you feel (sponsor staying less than 12 months The Sponsor must maintain £2800) Really? please confirm.

if so what reason should i include in my Appeal ?

[rakshu_hs]

hello ibs..

can u put in the exact refusal statement from UKBA ???

My husband is in UK for approx 15days and I am now planning to apply for the dependent visa with £1600 for myself and £800 for the main applicant.. Hence the info you will provide will be of great help for me..

[spzenthil]

I haven't applied it yet, waiting for the letter from HSBC once I get it planning to apply.

You should appeal it clearly looks like a mistake from case worker.

Cheers!!
-Senthil

[ibs_1221]

hello ibs..

can u put in the exact refusal statement from UKBA ???

My husband is in UK for approx 15days and I am now planning to apply for the dependent visa with £1600 for myself and £800 for the main applicant.. Hence the info you will provide will be of great help for me..

Hi Rakshu,

Here is exact refusal statment decistion in my Kid Letter:

The Decistion:

Appendix E of the HC 395 specifies a set let of funds that must be met in order for a visa to be
issues. in your case as your father has been in the UK for less than one year this is £ 3,200 for you and you
and your mother and an additional £ 2800 for your sponsor.

i last 1.2 lacks so i feel better to maintain £ 2800 safer side.. don't take risk.


Dear Experts;

If you get any rule which says regarding maintain of funds for sponsor. Please let me know. i am planning to Appeal. this will help me as proof.

or any one already appeal please let me know the process.. if any letter format giving explanation will be appreciated..

Regards,
IBS

[kolaxy]

Hi Spzenthil,
I feel you.In my case,I've been in d UK for over 1year when my dependant applied for dependent visa outside UK.I maintained £533 ONLY for my dependant for 90days but d visa was refused on d ground that I didn't maintainted £800 as d sponsor.Immediately, I rang and sent an email to d ECO in my home country to show my annoyance as I've already gotten my PSW visa and fulfil all d necessary rules.Why should I maintained another £800?To cut d story short,they rang my dependant after few days and grant her visa.I thnk u only need to show £3200.

[aliq09]

Dear All

I have applied for Tier 1 dependent visa in India ( VSF Hyd) for my wife and my Kid and got refused based on insuffificent funds as per section 319(c) of HC 395 appendix E. Saying if the sponsor staying less than 12 months The Sponsor must maintain £2800.(Where as i have showed £ 800 )

I am staying in Uk more than 6 months so i have maintained total funds £ 4400.



£1600 ( my wife) + £1600 ( my kid) + 800 ( my self) = £ 4000

i have showed total funds(£4400) by Refering the PBS (Dependent) document -> Page no: 10 -> point 42.

http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf


Page no: 10 -> point 42.


i have gone thought the immegration rules below link but could not say about the Sponsor funds clearly ? Please advice.

http://www.ukba.homeoffice.gov.uk/polic ... appendixe/


Please suggest me shall i go for appeal? need your help urgently waiting for your answer.

Appreciate any inputs on this. Thanks in advance.

Note: the same day me & my friend applied for dependent Visa with same funds even my friends depenent visa also rejected but this time not same reason ( not satisfied with marriage ccertificate and no marriage snaps included )

so my advice to all who ever going to apply for Tier 1 depdent visa be carefull

Hi,

Here is the equation for you ( your stay is less than a year here )

£1600 ( my wife) + £1600 ( my kid) + 1600 ( my self) = £ 4800

[spzenthil]

One quick question, Just want to double check it I should send the appeal form within 28 days of receiving the refusal right?

not within 28 days from the date of refusal?

Can Experts confirm this please?

Thanks,
-Senthil

[Greenie]

28 days of recieving the refusal but make sure that you are clear on the date of receipt.

[anandpathak]

I do not agree with Ali. I am in UK from Oct 2010 , applied for Dependent Visa for My wife and Kid at VFS Bangalore in Feb 2011. Maintained only 1600X2+800(self) 4K GBP equivalent INR in Wifes account. Attached a UK HSBC bank statement with trx just for the sake of it .

Got there Visa properly in 3 weeks without any fuss . Wonder why the ECO dont understand or are confused abt the maintainanance when its clearky explained in the EXAMPLE in Guidence note for less than and more than 1 year.

I think you should go for reappeal immediately.

Good luck
Anand

Dear All

I have applied for Tier 1 dependent visa in India ( VSF Hyd) for my wife and my Kid and got refused based on insuffificent funds as per section 319(c) of HC 395 appendix E. Saying if the sponsor staying less than 12 months The Sponsor must maintain £2800.(Where as i have showed £ 800 )

I am staying in Uk more than 6 months so i have maintained total funds £ 4400.



£1600 ( my wife) + £1600 ( my kid) + 800 ( my self) = £ 4000

i have showed total funds(£4400) by Refering the PBS (Dependent) document -> Page no: 10 -> point 42.

http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf


Page no: 10 -> point 42.


i have gone thought the immegration rules below link but could not say about the Sponsor funds clearly ? Please advice.

http://www.ukba.homeoffice.gov.uk/polic ... appendixe/


Please suggest me shall i go for appeal? need your help urgently waiting for your answer.

Appreciate any inputs on this. Thanks in advance.

Note: the same day me & my friend applied for dependent Visa with same funds even my friends depenent visa also rejected but this time not same reason ( not satisfied with marriage ccertificate and no marriage snaps included )

so my advice to all who ever going to apply for Tier 1 depdent visa be carefull

Hi,

Here is the equation for you ( your stay is less than a year here )

£1600 ( my wife) + £1600 ( my kid) + 1600 ( my self) = £ 4800

[ibs_1221]

I appealed today. Thanks a lot Anand for the Replay it gives me some hope i will keep all my updates on status..

I have a quick question. How much time the appeal process will take? any idea. Missing my family

really appreciate your help.

Regards,
Zaki.

I do not agree with Ali. I am in UK from Oct 2010 , applied for Dependent Visa for My wife and Kid at VFS Bangalore in Feb 2011. Maintained only 1600X2+800(self) 4K GBP equivalent INR in Wifes account. Attached a UK HSBC bank statement with trx just for the sake of it .

Got there Visa properly in 3 weeks without any fuss . Wonder why the ECO dont understand or are confused abt the maintainanance when its clearky explained in the EXAMPLE in Guidence note for less than and more than 1 year.

I think you should go for reappeal immediately.

Good luck
Anand

Dear All

I have applied for Tier 1 dependent visa in India ( VSF Hyd) for my wife and my Kid and got refused based on insuffificent funds as per section 319(c) of HC 395 appendix E. Saying if the sponsor staying less than 12 months The Sponsor must maintain £2800.(Where as i have showed £ 800 )

I am staying in Uk more than 6 months so i have maintained total funds £ 4400.



£1600 ( my wife) + £1600 ( my kid) + 800 ( my self) = £ 4000

i have showed total funds(£4400) by Refering the PBS (Dependent) document -> Page no: 10 -> point 42.

http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf


Page no: 10 -> point 42.


i have gone thought the immegration rules below link but could not say about the Sponsor funds clearly ? Please advice.

http://www.ukba.homeoffice.gov.uk/polic ... appendixe/


Please suggest me shall i go for appeal? need your help urgently waiting for your answer.

Appreciate any inputs on this. Thanks in advance.

Note: the same day me & my friend applied for dependent Visa with same funds even my friends depenent visa also rejected but this time not same reason ( not satisfied with marriage ccertificate and no marriage snaps included )

so my advice to all who ever going to apply for Tier 1 depdent visa be carefull

Hi,

Here is the equation for you ( your stay is less than a year here )

£1600 ( my wife) + £1600 ( my kid) + 1600 ( my self) = £ 4800

[spzenthil]

Hi All,

Thanks for all your help. I have appealed last week. I have sent the documents in 2 stages. The letter I have requested from HSBC took longer than expected, so I sent the original appeal with the scanned copy of the letter and mentioned that I will send the original after I receive it. I have sent the original letter from HSBC along with the covering letter on Saturday.

Date of Appeal : 6/4/2011
Date Appeal reaching BHC, chennai : 7/4/2011.
Date of supporting documents sent to BHC chennai : 9/4/2011.

I am expecting the supporting documents to reach BHC, chennai today. Hopefully it doesn't take too long for the appeal to reach a verdict. I remember seeing another thread mentioning it took 40 days to reach the result and get the passport stamped. I am hoping it reaches the conclusion in the same time frame.

Any idea where I can track the appeal process?

Thanks,
-Senthil